Arizona, May, 2005, State Case law | lexisONE® Community

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State Courts - Arizona - May 25 - June 20, 2005

In re Brown, Arizona Supreme Court No. SB-05-0054-D, SUPREME COURT OF ARIZONA, May 25, 2005, Decided , May 25, 2005, Filed
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In re Weber, Arizona Supreme Court No. SB-05-0034-D, SUPREME COURT OF ARIZONA, May 25, 2005, Decided , May 25, 2005, Filed
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Ry-Tan Constr., Inc. v. Wash. Elem. Sch. Dist. No. 6, Arizona Supreme Court No. CV-04-0300-PR, SUPREME COURT OF ARIZONA, May 25, 2005, Decided
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Overview: Arizona School District Procurement Code, Ariz. Admin. Code R7-2-1001 to R7-2-1195, did not modify or abrogate common law bright-line rule adopted in Covington that a contract with a public agency was not binding until a formal contract was executed. School board that had voted to accept bid could cancel bid because no formal contract was executed.

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State v. Kelly, 2 CA-SA 2005-0018, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, May 25, 2005, Filed
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Overview: In underlying matter, trial judge had ascribed to State burden of showing that defendant's right to possess a firearm had not been restored. In granting special action relief, appellate court determined that nonrestoration of rights was not an offense element, under Ariz. Rev. Stat. ? 13-3101(A)(6)(b); therefore, defendant had burden of persuasion.

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State v. Johnson, 2 CA-CR 2004-0096, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, May 27, 2005, Filed
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Overview: Sexual assault conviction was affirmed because a rational jury could have found beyond a reasonable doubt that defendant had taken a substantial step toward engaging in sexual contact with the victim without her consent, when the victim testified she awoke to find defendant on top of her, and defendant's DNA was found on the victim's thigh.

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Ziemak v. Schnakenberg, 2 CA-CV 2004-0088, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, May 31, 2005, Filed
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Overview: If the trial court had added prejudgment interest to plaintiff's jury award, as it had been obliged to, the award would have exceeded plaintiff's arbitration award by 25 percent; therefore, defendant had not been entitled to an award of attorney fees and costs under Ariz. Rev. Stat. ? 12-133(I).

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State v. May, 2 CA-CR 2004-0099, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, June 3, 2005, Decided
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Overview: Seizure of blood did not violate Fourth Amendment as increased risk associated with on-site testing did not render draw unreasonable and officer was "qualified person" under Ariz. Stat Ann. ??28-1388(A). Officer's testimony about passenger's age was inadmissible hearsay under Ariz. R. Evid. 809(19), requiring reversal of aggravated DUI conviction.

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Ariz. Prop. & Cas. Ins. Guar. Fund v. Martin, 2 CA-CV 2004-0199, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, June 17, 2005, Filed
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Overview: Summary judgment was properly awarded to a state insurance fund in its action for a declaration of coverage as to underlying tort action filed by employee against insureds because policy excluded from coverage any injury to an employee arising out of their work; Ariz. Rev. Stat. ? 23-1022(A) provided that worker's compensation was exclusive remedy.

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In re Ilono H., 2 CA-JV 2004-0090, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 17, 2005, Filed
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Overview: Juvenile court erred in denying defendant's motion to suppress the fruits of a pat-down search where encounter ceased to be consensual when officer conducted pat-down search, and officers lacked any reasonable basis to suspect defendant had committed a crime so as to have justified the intrusion, thus violating defendant's Fourth Amendment rights.

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Rowland v. Kellogg Brown & Root, Inc., 2 CA-CV 2004-0209, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, June 20, 2005, Decided
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Overview: Worker's negligence complaint against a company was improperly dismissed as the worker's letter to the court clerk, while not meeting format requirements, among other deficiencies, constituted a valid complaint which would have been filed within the two-year limitations period of Ariz. Rev. Stat. ? 12-542 had the court clerk accepted it.

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